The amount of compensation for patent infringement is determined as follows:
1. The amount of compensation is determined based on the losses suffered by the patentee due to the infringement or the benefits gained by the infringer due to the infringement;
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2. Determine the amount of compensation reasonably with reference to 1 to 3 times the patent license fee;
3. Based on factors such as the type of patent right, the nature and circumstances of the infringement by the infringer, the amount is generally in RMB The amount of compensation shall be determined between RMB 5,000 and RMB 300,000, and the maximum shall not exceed RMB 500,000.
Legal Basis
Article 65 of the Patent Law of the People's Republic of China
The amount of compensation for infringement of patent rights shall be based on the The actual loss suffered by the infringement shall be determined; if the actual loss is difficult to determine, it may be determined according to the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.